Front cover IN THE EYE OF THE STORM Women in Jharkhand Facing Operation Greenhunt A FACT FINDING REPORT BY WOMEN AGAINST SEXUAL VIOLENCE AND STATE REPRESSION (WSS) MAY 2011 Inside front cover Sexual Violence on Women in the Context of Anti-Maoist Operations in Jharkhand A Fact Finding Report by Women Against Sexual Violence and State Repression (WSS) May 2011 Suggested contribution: Rs. 25.00 Women against Sexual Violence and State Repression (WSS) is a non funded grassroots effort started in November 2009, to put an end to the violence being perpetrated upon our bodies and societies. We are a nationwide network of women from diverse political and social movements comprising of women’s organizations, mass organizations, civil liberty organizations, student and youth organizations, mass movements and individuals. We unequivocally condemn state repression and sexual violence on our women and girls by any perpetrator (s). Email: [email protected] Contents Background 3 Introduction to the current investigation 5 I Arrest of three minor school girls in Khunti district, presenting them as women Maoists, and detention under UAPA, Arms Act, Explosives Act 7 II Kandrakuti and Raijama Village, Block Kharsawan, Saraikela Kharsawan 21 III The investigation of two teenage girls alleging rape by the Maoists 31 IV General Issues and Concerns regarding situation of women in conflict areas 45 Annexure 1 48 Annexure 2 50 Annexure 3 51 Annexure 4 59 Annexure 5 60 Annexure 6 61 Annexure 7 63 Annexure 8 64 Annexure 9 65 About WSS 66 List of abbreviations used 68 BACKGROUND Jharkhand, carved out of Bihar, became the 28th State of India on 15th November 2000. Jharkhand means land of forests and true to its name, the State is replete with natural resources and is home to 30 scheduled tribal groups like Mundas, Oraons, Hos, Santhals, and 9 most vulnerable tribes, or as the official term goes Primitive Tribal Groups (PTGs). In fact, Jharkhand registers an Adivasi population of 26.3% and Dalit population of 11.8%. It is however a tragedy that today only 20.4% of the total area of the state is under forest cover, and much of that too are secondary forests with only a miniscule area remaining as virgin forests. 4 A report by WSS The above denudation of forests and acquisition of vast tracts of fertile land is the result of speeding up of industrialization process initiated in colonial India and extended with great zeal in post-colonial India. This was further scaled up in a rampant manner with the advent of New Economic Policy in the 1990s. Every state opened its economy to Indian and foreign industrial agencies whose only purpose was to engage in extractive industrialization without any regard to rights of the tribal population. Like in the states of Orissa and Chhattisgarh, Jharkhand launched a similar drive through its ‘Jharkhand Vision 2010’ and ‘Jharkhand Industrial Policy’. Since then the tribal people’s lands and forests have been under attack from companies and their agents, for land, forests and the great mineral wealth lying under these. Between 2006 and 2008 the State Government has signed 66 Memorandums of Understanding (MoUs) under which from the many companies vying for land and mines, Jindal Steel gets 3000 acres and Tata Steel 25,500 acres. According to Human Rights Law Network, as of 2011, Jharkhand Government has pledged away 84,340 acres for mining and industrial units in 14 of its 24 districts (see Annexure I). While the Government has been facilitating acquisition of land for corporates, it has failed miserably to protect its people’s interests and rights. As a result in the last few years, Jharkhand has been a strong upsurge of tribal and peoples resistance movements against this. A study1 of land acquisition drive in five sample districts of Jharkhand reveals that the land acquisition drive has left more than 8.2 lakh persons displaced of which 85% are tribals. n Of 1035 land acquisition notifications, people under 81 projects got one eviction notification while people under 840 projects got two notifications meaning that these people were evicted twice. n Of 1035 notifications, in 96 projects land was acquired under Land Acquisition Act 1894 and its amended version of 1984 while in 937 projects land was acquired under Forest Acts of 1846, 1894, 1927 and 1946. n As per Government documents, total land acquired for 14 different kinds of projects is 549776.15 acres. Highest acquisition is for water resource projects (390280.83 ac) followed by industrial projects 1 Resource Rich Tribal Poor – Jharkhand Report by ActionAid India (2008) Sexual Violence in Anti-Maoist Operations in Jharkhand 5 (90244.32 ac) and environment protection (48058.69 ac) while it is the lowest for Government offices (81.66 ac). n Of the total 549776.15 acres, private land acquisition was highest (415983.2 ac). Followed by forest land (63818.77 ac) As a further develpment, the Operation Green Hunt was launched in Jharkhand in March 2010 and in August 2010 about 12,000 CRPF personnel had been deployed for anti-Naxal operations (www.igovernment.in/site/crpf-jharkhand). In March the security forces decided to extend Operation Green Hunt against Left Wing Extremists (LWEs) to 4 districts of Jharkhand bordering West Bengal and Orissa. It is important to note that Jharkhand trails in all human development indicators like literacy and health, the most startling being that anemia amongst rural women is as high as 73.8% as compared to the national figure of 58.2%. Almost half of the women in rural areas have a below normal body mass index (BMI) that is below normal (18.5) pointing to high levels of under-nutrition. And it is this population that is now, in addition to the struggles of life and livelihood, pitted against rapid corporatisation and state interventions like the Operation Greenhunt. Introduction to the current investigation There have been several reports/ allegations of police and other security forces inflicting brutal violence on villagers during their anti-Maoist operations in areas under Operation Greenhunt, including rape and sexual violence against women, which rarely, if at all, get reported. To give just one instance: an earlier investigation by WSS revealed the case of a 17-year old from Gajapati, Orissa, who was picked up during a combing operation in February 2010 and subjected to gang-rape and is languishing till date in jail. In a pilot visit to Jharkhand we were told of news reports of rape by security forces in Jharkhand in some areas where there was large deployment of security forces, which had not been sufficiently investigated. At the same time in March 2010 there were news reports from Jharkhand of a young Maoist woman being raped by Maoists and then shot at when she filed a complaint (Teen girl who alleges rape by Maoist shot at - The Times of India, http://timesofindia.indiatimes.com/india/ Teen-girl-who-alleges-rape-by-Maoist-shot-at/articleshow/ 6 A report by WSS 5645977.cms#ixzz1DFgYp4uP). In May 2010 there were news reports of rape by Maoists of a surrendered female Maoist cadre, who was in police custody (http://www.indianexpress.com/news/girl-raped- for-leaving-Maoist-ranks/613829/). Several WSS members strongly felt that there should be an objective investigation into these reports. While we are well aware that the state and the media tend to turn the story of many women who are arrested as a source of information of sexual violence against women within the cadre, we are keen to make sure that we do not dismiss it entirely but investigate and see for ourlelves the context in which this happens. We assume women are prone to violence in conflict situations by the state, police and army, but also in the various other situations that conflicts impose on their life, safety and mobility. And we assume that this can happen within organisations or mass movements. But given the atmosphere of conflict, intense repression, intimidation and misinformation, we felt that such news needed to be investigated. It is against this background that a team of women visited Jharkhand from 12th to 16th November 2010. The objective was (i) to look into above mentioned specific news reports of rape; and (ii) to get an understanding of the overall situation of women in the Operation Green Hunt areas of Jharkhand, with specific attention to sexual violence. On 11th November, in Ranchi, we heard of the arrest on 30th October of three minor school-girls from an encounter site in Khunti district, presented in media as women Maoists and hardcore Naxalites (news report in Annexure 2.) The team decided to first look into these arrests. This report is in four sections. Section I reports arrest of the three minor school girls in Khunti district, the action initiated by WSS by lodging a complaint with National Commission for Protection of Child Rights (NCPCR), and subsequent release of the girls in January 2011. Section II describes the facts and issues around violence on women during search / combing operations by security forces. Section III reports the investigation into the news reports of the two incidents of alleged rape by Maoists. Section IV raises some concerns and issues relating to the situation of women in areas of conflict. Sexual Violence in Anti-Maoist Operations in Jharkhand 7 I Arrest of three minor school girls in Khunti district, presenting them as women Maoists, and detention under UAPA, Arms Act, Explosives Act On 30th October 2010 three adolescent school-going girls were arrested by the police during an alleged encounter with a Maoist squad in the forest near Eeti village, Khunti, and presented before the media as ‘hardcore Naxal women’.